Criminal Investigations (Bodily Samples) Amendment Regulations 2011

2011/314

Coat of Arms of New Zealand

Criminal Investigations (Bodily Samples) Amendment Regulations 2011

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 12th day of September 2011

Present:
His Excellency the Governor-General in Council

Pursuant to section 80 of the Criminal Investigations (Bodily Samples) Act 1995, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.

Regulations

1  Title
  • These regulations are the Criminal Investigations (Bodily Samples) Amendment Regulations 2011.

2  Commencement
  • These regulations come into force on 5 December 2011.

3  Principal regulations amended
4  Schedule amended
  • The forms of the Schedule that are specified in the Schedule of these regulations are amended in the manner indicated in the Schedule of these regulations.


Schedule
Amendments to forms of Schedule

r 4

Form 1—Notice of request to suspect of or over the age of 17 years to give bodily sample

Paragraph under the heading What am I being asked to do?: omit the first bullet point item and substitute:

  • it is believed that you have or may have committed the offence of [specify offence], which is an imprisonable offence or an offence against any of the provisions listed in Part 3 of the Schedule of the Criminal Investigations (Bodily Samples) Act 1995; and.

Paragraph under the heading What will happen if I do not consent to give a bodily sample?: omit High and substitute District.

Omit the second bullet point item and substitute:

  • it is an imprisonable offence or an offence against any of the provisions listed in Part 3 of the Schedule of that Act.

Second paragraph under the heading What will the Police do with the bodily sample and the analysis of it?: omit the second bullet point item and substitute:

  • it is an imprisonable offence or an offence against any of the provisions listed in Part 3 of the Schedule of that Act.

Paragraph under the heading How long will the Police hold the bodily sample and the analysis of it?: omit the third and fourth bullet point items and substitute:

  • if you are convicted, but the offence is not an imprisonable offence or an offence against any of the provisions listed in Part 3 of the Schedule of the Criminal Investigations (Bodily Samples) Act 1995; or

  • if you are convicted of an imprisonable offence or an offence against any of the provisions listed in Part 3 of the Schedule of that Act. (However, in this situation information that comes from the analysis of the sample may be kept on a DNA profile databank.)

Form 2—Notice of request to suspect of or over the age of 14 years but under the age of 17 years to give bodily sample

Paragraph under the heading What will happen if we do not consent to give a bodily sample?: omit High and substitute District.

Omit the second bullet point item and substitute:

  • it is an imprisonable offence or an offence against any of the provisions listed in Part 3 of the Schedule of that Act.

Second paragraph under the heading What will the Police do with the bodily sample and the analysis of it?: omit the second bullet point item and substitute:

  • it is an imprisonable offence or an offence against any of the provisions listed in Part 3 of the Schedule of that Act.

Paragraph under the heading How long will the Police hold the bodily sample and the analysis of it?: omit the third and fourth bullet point items and substitute:

  • if you are convicted, but the offence is not an imprisonable offence or an offence against any of the provisions listed in Part 3 of the Schedule of the Criminal Investigations (Bodily Samples) Act 1995; or

  • if you are convicted of an imprisonable offence or an offence against any of the provisions listed in Part 3 of the Schedule of that Act. (However, in this situation information that comes from the analysis of the sample may be kept on a DNA profile databank.)

Form 3—Suspect compulsion order (for suspect of or over the age of 17 years)

Second paragraph under the heading What will the Police do with the bodily sample and the analysis of it?: omit the second bullet point item and substitute:

  • it is an imprisonable offence or an offence against any of the provisions listed in Part 3 of the Schedule of that Act.

Paragraph under the heading How long will the Police hold the bodily sample and the analysis of it?: omit the first bullet point item and substitute:

  • if you are not charged with the offence to which this order relates, or a related offence that is an imprisonable offence or an offence against any of the provisions listed in Part 3 of the Schedule of the Criminal Investigations (Bodily Samples) Act 1995; or.

Omit the third and fourth bullet point items and substitute:

  • if you are convicted, but the offence is not an imprisonable offence or an offence against any of the provisions listed in Part 3 of the Schedule of that Act; or

  • if you are convicted of an imprisonable offence or an offence against any of the provisions listed in Part 3 of the Schedule of that Act. (However, in this situation information that comes from the analysis of the sample may be kept on a DNA profile databank.)

Paragraph under the heading Can a court vary this order?: omit High in each place where it appears and substitute in each case District.

Form 4—Juvenile compulsion order (for suspect under the age of 17 years)

Second paragraph under the heading What will the Police do with the bodily sample and the analysis of it?: omit the second bullet point item and substitute:

  • it is an imprisonable offence or an offence against any of the provisions listed in Part 3 of the Schedule of that Act.

Paragraph under the heading How long will the Police hold the bodily sample and the analysis of it?: omit the first bullet point item and substitute:

  • if you are not charged with the offence to which this order relates, or a related offence that is an imprisonable offence or an offence against any of the provisions listed in Part 3 of the Schedule of the Criminal Investigations (Bodily Samples) Act 1995; or.

Omit the third and fourth bullet point items and substitute:

  • if you are convicted, but the offence is not an imprisonable offence or an offence against any of the provisions listed in Part 3 of the Schedule of that Act; or

  • if you are convicted of an imprisonable offence or an offence against any of the provisions listed in Part 3 of the Schedule of that Act. (However, in this situation information that comes from the analysis of the sample may be kept on a DNA profile databank.)

Paragraph under the heading Can a court vary this order?: omit High in each place where it appears and substitute in each case District.

Form 5A—Notice requiring person of or over 14 years but under 17 years to give bodily sample (on ground that he or she has been arrested for, or Police intend to charge him or her with, relevant offence)

Table of the retention periods: omit the items Sentenced to imprisonment by a court and Others and substitute:

Sentenced to imprisonment by a court 10 years after the date on which the person ceases to be subject to a sentence of imprisonment in respect of the offence (if conviction for offence that was not a relevant offence at the time of the conviction and the person has not been convicted of an imprisonable offence or offence against any of the provisions listed in Part 3 of the Schedule of the Act since the date of conviction).
Sentenced to community-based sentence 10 years after the date of conviction (if conviction for offence that was not a relevant offence at the time of the conviction and the person has not been convicted of an imprisonable offence or offence against any of the provisions listed in Part 3 of the Schedule of the Act since the date of conviction)
Others (eg, a section 283 CYPA order is made and during the 10-year retention period another section 283 CYPA order is made against you) indefinite
Form 5B—Notice requiring person of or over 17 years to give bodily sample (on ground that he or she has been arrested for, or Police intend to charge him or her with, relevant offence)

Heading: omit relevant offence and substitute imprisonable offence or offence against provision listed in Part 3 of Schedule of Act.

Items under the heading Select whichever of the following grounds applies.: omit both bullet point items and substitute:

  • you have been detained for [specify offence], which is an imprisonable offence or an offence against any of the provisions listed in Part 3 of the Schedule of that Act.

  • the Police intend to charge you with the offence of [specify offence], which is an imprisonable offence or an offence against any of the provisions listed in Part 3 of the Schedule of that Act, and triggers the authority to take the bodily sample.

Second paragraph under the heading What information will be kept on the DNA profile databank?: omit a relevant offence and substitute an imprisonable offence or an offence against any of the provisions listed in Part 3 of the Schedule of that Act.

Third paragraph under the heading Are there any circumstances when the bodily samples and the information are destroyed?: omit a relevant offence and substitute an imprisonable offence or an offence against any of the provisions listed in Part 3 of the Schedule of that Act.

Table of the retention periods: omit the items Sentenced to imprisonment by a court and Others and substitute:

Sentenced to imprisonment by a court 10 years after the date on which the person ceases to be subject to a sentence of imprisonment in respect of the offence (if conviction for offence that was not a relevant offence at the time of the conviction and the person has not been convicted of an imprisonable offence or offence against any of the provisions listed in Part 3 of the Schedule of the Act since the date of conviction)
Sentenced to community-based sentence 10 years after the date of conviction (if conviction for offence that was not a relevant offence at the time of the conviction and the person has not been convicted of an imprisonable offence or offence against any of the provisions listed in Part 3 of the Schedule of the Act since the date of conviction)
Others (eg, a section 283 CYPA order is made and during the 10-year retention period another section 283 CYPA order is made against you) indefinite
Form 8—Databank compulsion notice (for person of or over the age of 17 years)

First paragraph under the heading To: omit and substitute:

You are required to give a bodily sample for a DNA profile databank because you have been convicted of the offence of [specify offence], which is an imprisonable offence or an offence against any of the provisions listed in Part 3 of the Schedule of the Criminal Investigations (Bodily Samples) Act 1995.

Form 9—Databank compulsion notice (for person under the age of 17 years)

First paragraph under the heading To: omit and substitute:

You are required to give a bodily sample for a DNA profile databank because you have been convicted of the offence of [specify offence], which is an imprisonable offence or an offence against any of the provisions listed in Part 3 of the Schedule of the Criminal Investigations (Bodily Samples) Act 1995.

Rebecca Kitteridge,
Clerk of the Executive Council.


Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on 5 December 2011, amend the Criminal Investigations (Bodily Samples) Regulations 2004 (the principal regulations).

The regulations amend various forms of the Schedule of the principal regulations and are necessary to reflect changes introduced by deferred provisions of the Criminal Investigations (Bodily Samples) Amendment Act 2009 that come into force on the same date. The deferred provisions allow the Police to take a DNA sample from persons they intend to charge with an imprisonable offence or an offence listed in the new Part 3 of the Schedule of the Criminal Investigations (Bodily Samples) Act 1995. These provisions also provide for applications for compulsion orders to be made to the District Court to allow a sample to be taken from a person suspected of committing such an offence who has refused to consent to the taking of a bodily sample.


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 15 September 2011.

These regulations are administered by the Ministry of Justice.